NEW ADDRESS HAS JUST INTRODUCED PARKING MANAGEMENT

NeilCr

nosferatu1001 said:

C-M 0- i think you need to quickly refersh your memory
There is only ONE lessee, the single landlord
Everyone else is on an AST

"Update: I have just spoken to the MA. They have told me there is only one landlord who owns the entire block of flats. All residents are tenants. The landlord instructed the MA to bring in a parking control company as, and I quote, 'a few residents were parking awkawrdly'. I told them about my experience and knowledge of these companies and the MA were clueless and asked me to put down my concerns in writing."

And on 9 July C-M you said to leave the L and T Act out.

D_P_Dance

Just ask for a complete copy of the contract. No reason they cant show it. Unless it shows them getting kickbacks of course...

In whch case you might consider a complaint to ARMA and/ot the Ombudsman.

NeilCr

D_P_Dance said:

Just ask for a complete copy of the contract. No reason they cant show it. Unless it shows them getting kickbacks of course...

In whch case you might consider a complaint to ARMA and/ot the Ombudsman.

Not ARMA D P Dance. We've had this before - they don't take complaints

There may be no reason why they can't show it. On the other hand there may be no reason why they have to show it. They are all tenants and the contract, I assume, is between the landlord and the PPC. 

D_P_Dance

OP should read this?

https://arma.org.uk/leaseholders/complaints-about-a-member#:~:text=can%20I%20do%3F-,It%20is%20a%20condition%20of%20ARMA%20membership%20that%20firms%20must,to%20the%20relevant%20Redress%20scheme.

NeilCr

D_P_Dance said:

OP should read this?

https://arma.org.uk/leaseholders/complaints-about-a-member#:~:text=can%20I%20do%3F-,It%20is%20a%20condition%20of%20ARMA%20membership%20that%20firms%20must,to%20the%20relevant%20Redress%20scheme.

Thats for leaseholders D P Dance

All the residents are tenants. I am not sure that we are near a complaint yet but, I think (I don't know for certain), that if a tenant has a complaint against a managing agent then you'd have to go through your landlord - which may be problematic in this case.

Le_Kirk

nosferatu1001 said:

...which they cant do? No private firm can remove a vehicle
You might be intending to trap them into promising something illegal of course!

Agreed and there is nothing else they can do, so really what are they offering as a parking MANAGEMENT company?  They are not managing parking they are managing/administering PCNs!

tom_cahill

This is what I had back from the MA yesterday:

Me: I have no reason to doubt that you have the assurances from PCM that you say you have. However, I am minded to say that in issues such as this it is only reasonable to have these assurances in writing that detail the exact circumstances where the cancellation of Parking Charge Notice (PCN from hereon) would be viable.

MA: We have this specified in the contract,. If residents park in the correct manner there should be no issues moving forward.

ME: Therefore, I politely request to see the whole, unredacted contract between PCM and the Landlord and also require answers to the following questions:

MA: I cannot issue you with the contract as this agreement is for the attention of the landlord PCM and _____________

Me: 1. What is the procedure for getting a PCN cancelled? For example, do residents wrongly issued with a PCN go through _____________ or do they simply contact PCM and. instruct them to cancel the PCN in accordance with the terms of the contract they have with our landlord? 

MA: Residents must contact PCM for any questions or information they will then contact ___________ (the MA).

They aren't budging but I have managed to get a few other residents to email their concerns aswell.

Fruitcake

I do not see how you can be a party to a contract if you have never had the opportunity to see the contract. This all seems extremely unreasonable to me, and the MA are leaving themselves open to a merde storm of complaints from residents.

Your lease is being varied without your agreement but you are not allowed to see the variation.

If you end up with a court claim you will require a member of the MA to attend court as a witness, at which point the contract must be provided to the defendant. It would save time and trouble for this contract to be shown now as it could avoid the MA from being involved in litigation, which nobody wants.

When are you moving?

NeilCr

Fruitcake said:

I do not see how you can be a party to a contract if you have never had the opportunity to see the contract. This all seems extremely unreasonable to me, and the MA are leaving themselves open to a merde storm of complaints from residents.

Your lease is being varied without your agreement but you are not allowed to see the variation.

If you end up with a court claim you will require a member of the MA to attend court as a witness, at which point the contract must be provided to the defendant. It would save time and trouble for this contract to be shown now as it could avoid the MA from being involved in litigation, which nobody wants.

When are you moving?

But they are all tenants. No leaseholders. And the contract is between LL and PCM. Tenants won't be a party to the contract with PCM. 

If we had a parking contract here (RMC) then I doubt we'd share the contract with any tenants.  Property owners. Yes. 

Best advice that I can see if a ticket is issued is, in the first instance,  to write (yes write)  to the MA - cc'ing the landlord in - requesting cancellation.

Moving isn't necessarily going to be that easy - depending on length of AST too. 

tom_cahill

Fruitcake said:

I do not see how you can be a party to a contract if you have never had the opportunity to see the contract. This all seems extremely unreasonable to me, and the MA are leaving themselves open to a merde storm of complaints from residents.

Your lease is being varied without your agreement but you are not allowed to see the variation.

If you end up with a court claim you will require a member of the MA to attend court as a witness, at which point the contract must be provided to the defendant. It would save time and trouble for this contract to be shown now as it could avoid the MA from being involved in litigation, which nobody wants.

When are you moving?

Thanks for your reply. I have already moved in and signed the AST agreement. There is a fundamental contradiction here for me. The MA assure me they have the right to 'rescind tickets' but PCM state in their letter to residents: 'Your management agent has no jurisdiction over enforced vehicles and under no circumstances will they act as mediators in any cases concerning enforcement action on any vehicles' It stinks to high heaven.